RELEASE: New Analysis: President Trump Has Good Reason to Expect Judge Kavanaugh to “Protect” Big Business at the Supreme Court

“What we discovered,” said CAC President Elizabeth Wydra, “is that the Trump White House’s conclusion is well-founded.”

WASHINGTON—Constitutional Accountability Center today continued its long-running analysis of how big business fares at the U.S. Supreme Court with an examination of Judge Brett Kavanaugh, President Trump’s nominee to replace Justice Anthony Kennedy, and Kavanaugh’s record in business cases as a judge on the U.S. Court of Appeals for the D.C. Circuit. On the day of Judge Kavanaugh’s nomination, President Trump’s White House boasted that “Judge Kavanaugh protects American businesses.” CAC decided to test that claim.

“What we discovered,” said CAC President Elizabeth Wydra, “is that the Trump White House’s conclusion is well-founded. Even when the law indicates otherwise, Judge Kavanaugh’s record indicates a pro-corporate bent at the expense of workers, consumers, the environment, and government’s ability to protect the American people from bad corporate behavior in case after case. If Senators confirm Judge Kavanaugh to replace Justice Kennedy, we can expect the Roberts Court’s already historic support for corporate interests over all Americans to skyrocket.”

Across these different issue areas, a common theme emerges: Judge Kavanaugh routinely sides with businesses and employers, and against the government, interest groups, employees, and consumers. Moreover, he has often done so in dissent, staking out positions that his colleagues—sometimes even conservative colleagues—were unwilling to join. Thus, Judge Kavanaugh has demonstrated a pro-business jurisprudence that is often outside the mainstream of the appellate court on which he currently serves.

Spanning nearly three dozen opinions, including occasional exceptions where Judge Kavanaugh bucked his pro-corporate bent, CAC provides an essential window into a critical portion of Judge Kavanaugh’s judicial record as Senators evaluate the suitability of President Trump’s second nominee to win a lifetime appointment on the U.S. Supreme Court.

Now in our tenth year, Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit the new CAC website at www.theusconstitution.org.